A. In any misdemeanor case or in any class of misdemeanor cases, or in any case involving complaints made by any state or local governmental official or employee having responsibility for the enforcement of any statute, ordinance or administrative regulation, the magistrate or other issuing authority having jurisdiction may issue a summons instead of a warrant when there is reason to believe that the person charged will appear in the courts having jurisdiction over the trial of the offense charged.
B. If any person under suspicion for driving while intoxicated has been taken to a medical facility for treatment or evaluation of his medical condition, the officer at the medical facility may issue, on the premises of the medical facility, a summons for a violation of § 18.2-266, 18.2-266.1, 18.2-272, or 46.2-341.24 and for refusal of tests in violation of subsection A or B of § 18.2-268.3 or subsection A of § 46.2-341.26:3, in lieu of securing a warrant and without having to detain that person, provided that the officer has probable cause to place him under arrest. The issuance of such summons shall be deemed an arrest for purposes of Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2.
C. Any person on whom such summons is served shall appear on the date set forth in same, and if such person fails to appear in such court at such time and on such date then he shall be treated in accordance with the provisions of § 19.2-128, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.
Code 1950, § 19.1-146; 1972, c. 461; 1975, c. 495; 1978, c. 500; 1981, c. 382; 2005, c. 425; 2010, c. 840; 2017, c. 623.
Notes of Decisions
Young v. Commonwealth, 706 S.E.2d 53 (Va. Ct. App. 2011).
· cites it 102× “After Finch took possession of vials of Young's blood, he released Young from custody on a Virginia Uniform Summons pursuant to Code § 19.2-73. At the time of the offense, Code § 19.”
Commonwealth v. Rafferty, 402 S.E.2d 17 (Va. 1991).
· cites it 4× “” Code § 19.2-73. However, Rafferty claims that Code § 19.”
Cruz v. Commonwealth, 482 S.E.2d 880 (Va. Ct. App. 1997).
· cites it 2× “Whoever, having been released pursuant to this chapter or on a summons pursuant to § 19.2-73 or § 19.2-74, willfully fails to appear before any court or judicial officer as required, shall, after notice to all interested parties, incur a forfeiture of any security which may have…”
Amaechi v. West, 87 F. Supp. 2d 556 (E.D. Va. 2000).
· cites it 2× “See Va.Code Ann. § 19.2-73 (Michie 1995). Nevertheless, the aforementioned arrest warrant was given to Officer Pfluger and he, along with his trainee, Officer West, served it on August 12,1997.”
Cruz v. Commonwealth, 474 S.E.2d 835 (Va. Ct. App. 1996).
“Whoever, having been released pursuant to this chapter or on a summons pursuant to § 19.2-73 or § 19.2-74, willfully fails to appear before any court or judicial officer as required, shall, after notice to all interested parties, incur a forfeiture of any security which may have…”
Va. Code Ann. § 19.2-73(B): 1 case
Young v. Commonwealth, 706 S.E.2d 53 (Va. Ct. App. 2011).
“After Finch took possession of vials of Young's blood, he released Young from custody on a Virginia Uniform Summons pursuant to Code § 19.2-73. At the time of the offense, Code § 19.”
Va. Code Ann. § 19.2-73(C): 1 case
Young v. Commonwealth, 706 S.E.2d 53 (Va. Ct. App. 2011).
“After Finch took possession of vials of Young's blood, he released Young from custody on a Virginia Uniform Summons pursuant to Code § 19.2-73. At the time of the offense, Code § 19.”
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